In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal.
The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings to explore possible accommodations. Additionally, the Company sought expert advice from medical professionals to evaluate whether the employee could transition into an alternative role that might suit his capabilities.
Medical reports obtained by the Company indicated that the former employee’s mental health condition rendered him incapable of fulfilling his duties or working night shifts. After internal discussions, the Company concluded that no existing roles could accommodate his limitations. Despite allowing the employee reasonable time for recovery and exploring potential solutions, the Company was left with no choice but to terminate his employment.
In its deliberations, the Tribunal emphasized that the Company acted responsibly and fairly throughout the process. It conducted a thorough investigation into the employee’s circumstances, considered the impact of his health condition on both his performance and the organisation, and followed all legal requirements. The Tribunal also acknowledged that the employee had received all due payments, including an ex gratia payment, along with travel expenses to facilitate his return to his home country.
The decision further recognised the Company’s obligations under the Occupational Health and Safety Act, which requires employers to ensure the health and safety of all individuals in the workplace. The Tribunal found that the persistent absenteeism and reduced performance of the former employee were affecting the organisation’s operations, leaving the Company with a valid reason to take action.
The Tribunal ultimately concluded that the termination was conducted with fairness and in accordance with the law, noting that the Company had made every reasonable effort to support the former employee before reaching this difficult decision.
The Company was represented by Dr Christine Calleja.
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr Christine Calleja.